Legal Question in Landlord & Tenant Law in California
Tenant lease/Roomate question
I am currently on a month to month lease with someone. She has decided she wants her boyfriend to move in, however I would prefer that instead he does not move in and that she moves out and then I will sign a new lease with someone else. Can she or I start a new 12 month lease without the other one being able to stop it? Or since we are on the month to month lease, does the land lord have to ''kick one of us off ''of the current month to month lease before a new lease can be signed by either of us?
2 Answers from Attorneys
Re: Tenant lease/Roomate question
Follow the advice of Mr. Moerbeel.
Re: Tenant lease/Roomate question
If you are both named on the month to month agreement neither of you can force the other one out, or to take an unwanted additional co-tenant (i.e. the boyfriend), especially without the landlord's permission.
It sounds like you'll end up having to complain to the landlord if she tries to force you to allow this interloper into your apartment. Such a complaint may get both of you evicted, or at the very least get the rent raised to pay for the additional use of the premises.
Some one has got to budge. Only you and your roommate can decide if this situation is going to be resolved amiably or if it's going to get out of hand.
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